INC – 22

Notice of situation or change of situation of registered office

• eForm INC-22 is required to be filed pursuant to Section 12 (2) & 12 (4) of the Companies Act, 2013 and rule 25 & 27 of the Companies (Incorporation) Rules, 2014
• The company is required to furnish to the Registrar verification of its registered office in eForm INC-22 within a period of thirty days from the date of its incorporation. The company can also specify the address of registered office at the time of filing incorporation eForms. For this, the applicant shall upload eForm INC-22 as linked form to eForm INC-7. In case of One Person Company, the particulars of the registered office address can be filed in eForm INC-2 only.

In case of a new company:

• Enter an approved SRN of eForm INC-1 filed for name reservation in case of new company.
• Enter the date of establishing the registered office of the company. The company shall have its registered office on and from the fifteenth day of its incorporation. New company will select the option from the date of incorporation of the company.
• Select the type of ownership of the registered office.
• Enter the details of the address of the police station under whose jurisdiction the registered office of the company is situated.
• Select the utility services like telephone, gas, electricity or mobile as a proof of address of the registered office of the company from the drop down values.

Attachments:

• Proof of registered office address (Conveyance/ Lease deed/ Rent Agreement etc. along with the rent receipts is required to be attached).
• Copies of the utility bills (proof of evidence of any utility service like telephone, gas ,electricity etc. depicting the address of the premises not older than two months is required to be attached).
• Proof that the company is permitted to use the address as the registered office of the Company ………. (Authorization from the owner or occupant of the premises along with proof of ownership or occupancy and it is mandatory if registered office is owned by any other entity/ person (not taken on lease by company).

In case of existing company

• In case the registered office of the company is shifted from the jurisdiction of one RoC office to another RoC office within the same state or otherwise then the company is required to file both eForm INC-23 for RD’s approval and eForm INC-28 (old Form 21)for notice of RD’s approval order and eForm INC-22 only once.
• Old RoC office shall process the eForm and forward the same to the new RoC office for registration. Please note that approval of such eForm INC-22 shall not be allowed in case there is any other eForm(s) pending for payment of fee or is under processing in respect of the company.
• Company shall be required to obtain the changed CIN and the Certificate for change of registered address from the RoC office, where the company is shifting (that is from the office of new RoC).
• Enter the SRN of relevant eForm 23/MGT-14 in case purpose of the eForm is other than ‘Change within local limits of city, town or village’.
• Enter the SRN of relevant eForm INC-28 (old Form 21) for notice of approval of RD’s order for shifting the registered office from one RoC to another within the same state or from one state to another.
• Enter the date of order of Regional Director case of change of registered office for shifting the registered office from one RoC to another within the same state or from one state to another.

Certificate by practicing professional:

• The eForm is required to be certified if check box 3 is selected in declaration except filing by OPC, by a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice) or company secretary (in whole-time practice) by digitally signing the eForm.
• Select the relevant category of the professional and whether he/ she is an associate or fellow.
• Enter valid membership number and certificate of practice number of the practicing professionals.
• Attachment:
• Proof of Registered Office address (Conveyance/Lease deed/ Rent Agreement etc. along with the rent receipts).
• Copies of the utility bills (proof of evidence of any utility service like telephone, gas ,electricity etc. depicting the address of the premises not older than two months is required to be attached ).
• Altered Memorandum of association. This is mandatory to attach in case of shifting of registered office from one state to another within the jurisdiction of same RoC or from one state to another outside the jurisdiction of existing RoC.
• A proof that the Company is permitted to use the address…… Authorization from the owner or occupant of the premises along with proof of ownership or occupancy and it is mandatory if registered office is owned by any other entity/ person (not taken on lease by company).
• Certified copy of order of competent authority. It is mandatory to attach in case of shifting of registered office from one RoC to another within the same state or from one state to another within the jurisdiction of same RoC or from one state to another outside the jurisdiction of existing RoC.
• List of all the companies (specifying their CIN) having the same registered office address, if any.

Certificates

In case of change in registered office from one state to another, a new CIN shall be allocated to the company as per the new state code and a system generated certificate of shifting of registered office from one state to another state is issued by the new Registrar. A certificate of shifting of registered office from jurisdiction of one RoC to the other RoC within a State is also issued by new Registrar and sent to the user. These certificates are sent as an attachment to the email, after approval is granted.

Fees:

Nominal Share Capital Fee applicable

In case of company not having share capital

Rupees 200

 Please note: I welcome your comments and feedback. This blog post is not a professional advice. Readers may share this post on social media by using buttons given here.